HomeMy WebLinkAboutMINUTES - 06062006 - C.31 �,�� yE -O�
TO: BOARD OF SUPERVISORS ::-- - ` Contra
FROM: Warren E. Rupf, Sheriff = - `< Costa
DATE: May 3, 2006n � Co u n t
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SUBJECT: Marine Patrol Grant
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ( -3_
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I. RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff, or designee, to apply to the State of California for a
grant on behalf of the County, and AUTHORIZE the Chairman of the Board of Supervisors to
sign the Agreement for Financial Assistance Program on behalf of the County.
AUTHORIZE the Sheriff, or designee, to sign a contract on behalf of the County to accept
funding in an amount not to exceed $638,249 for the period of July 1, 2006 though June 30,
2007. These funds will be used to support Marine Patrol services in the County.
II. FINANCIAL IMPACT:
NONE. The Office of the Sheriff receives similar funding on an annual basis from the
Department of Boating and Waterways that is built into the baseline budget.
III. BACKGROUND:
The State of California Department of Boating and Waterways has provided funding to
maintain the service level of the Marine Patrol Unit on the Delta Waterways. The funding
provides the ability for more vigilant enforcement of boating regulations and in the
identification of derelict boats and navigational hazards for removal. The amount above is
subject to approval of the Governor's 2006/2007 budget. If the increase is deleted from the
budget, the amount will be reduced to $379,713.
IV. CONSEQUENCE OF NEGATIVE ACTION:
Failure to secure state funding will result in either a reduction in Marine Patrol services or
an increase in County costs to maintain existing service levels.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
['RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
[�]-AFPROVE ❑ OTHER
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SIGNATURE(S):
ACTION OF B 9!�z ON J I�tr•Q c��J`� Cl
APPROVED AS RECOMMENDED OTHER ❑
VOTE OF SIJRERVIS0?IRS- I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT �t,�l�) ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESrTfD
Contact: Gloria Sutter 335-1526 JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Office of the Sheriff
CAO—Justice System Administration
By: , Deputy
State of California The Resources Agency of California
MEMORANDUM
Date: March 10, 2006
To: Financial Aid Program Participants
From:
rrna u r, ssoc Boating Administrator
Operations Division, Law Enforcement Unit
Department of Boating and Waterways
Subject: Annual Contract 2006-2007
Attached, is your Boating Safety and Enforcement Annual Contract to participate in the .
Financial Aid Program, for fiscal year 2006-2007.
As you are aware, the Legislature passed and Governor Schwarzenegger signed SB
255 (Torlekson), which doubled the vessel registration renewal fees. Consequently, the
proposed fiscal year 2006-07 budget for the Department of Boating and Waterways
includes an additional $2.5 million for financial aid to counties for boating safety and law
enforcement activities. The total proposed budget is now $10.6 million in financial aid
pending budget approval by the State Legislature and the Governor. The allocation of
additional funds was based on actual expenditures from two previous fiscal years (03-
04 and 04/05). If you did not receive.an increase of funds, it was because you did not
.spend all your allocation and in accordance with California Code of Regulations.Section
6593.7(e) did not demonstrate a need for additional funds.
Please be aware, if the Governor does not approve the budget increase for boating
safety and enforcement activities, your allocation will remain the same as fiscal year
2005-2006.
Your Board of Supervisors must sign this contract OR if you already have board
approval, whoever was designated by the board to sign, must sign the contract. Please
remember to include a certified copy of the Board Resolution and/or minute order that
indicates approval to participate.
The Annual Contract and Board Resolution/Minute Order must be returned to me no
later than June 15, 2006.
If you have any questions, please feel free to contact me at (916) 263-8184.
Boating Safety and Enforcement Financial Aid Program Contract
This contract, entered into this day of , 20_,by and between the
CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS,hereinafter called
"Department," and the COUNTY OF CONTRA COSTA, hereinafter called "Agency";
WITNESSETH
WHEREAS, Contingent on approval of the Fiscal Year 2006-2007 budget, the Department
intends to contract with Agency for the purpose of performing boating safety and enforcement
activities as described in Title 14, California Code of Regulations Section 6593.3; and
WHEREAS, Agency is equipped, staffed and prepared to provide such services on the terms
and conditions set forth in this contract and in accordance with Title 14; California Code of
Regulations Section 6593 et seq.; and
WHEREAS, pursuant to Title 14, California Code of Regulations Section 6593.6, Department
shall enter into an annual contract with each participating agency;
NOW, THEREFORE, it is mutually agreed as follows:
I. Applicable Law
Agency shall observe and comply with all applicable federal, state, and county statutes,
ordinances, regulations, directives, and laws, including, but not limited to, Harbors and
Navigation Code Section 663.7 and Section 6593 et seq. of Title 14, California Code of
Regulations, as amended and attached hereto and incorporated by reference as
Attachment I. Contract shall be deemed to be executed within the State of California and
construed and governed by the laws of the State of California.
II. Description of Services
Agency shall conduct boating safety and enforcement activities in the jurisdiction of the
Agency in consideration of the payments hereinafter set forth.
III: Payments
A. Maximum Amount. The amount the Department shall be obligated to pay for
services rendered under this contract shall not exceed $379,713.00, for the contract
term in full consideration of Agency's_performance of the services described in this
contract.
*Subject to approval of the Governor's 2006/2007 budget,your revised baseline
allocation will be $638,249.00. If the increase is deleted from the budget your
baseline will remain as stated in Section A above.
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B. Rate of Payment. The Department shall reimburse Agency in accordance with the
reimbursement procedures set forth in Title 14, California Code of Regulations
Section 6593.9.
C. Submission of Claims. Agency shall submit claims for reimbursement to the
Department contact person identified in paragraph V of this contract on a_monthly
OR_quarterly basis. (Please check one)
D. Failure to Submit Claims. Claims for reimbursement shall be submitted within 60
days following the last day of the reporting period. Pursuant to Title'14, California
Code of Regulations 6593.9 (i), the Department may reduce an Agency's allocation
by five percent if the Agency exceeds the sixty-day billing period and an additional
five percent for every thirty-day period thereafter that the Agency is late in filing a
claim.
IV. Records
Agency shall maintain records pursuant to Section 6593.10.of Title 14, California Code
of Regulations.
V. Notice
Notice shall be in writing and shall be deemed to have been served when it is deposited
in the United States mail, first class postage prepaid, and addressed as follows:
TO DEPARTMENT TO AGENCY
Ms. Corrina Dugger
Department of Boating and Waterways
2000 Evergreen Street, Suite 100
Sacramento, CA 95815-3888
Either party may change the address to which subsequent notice and/or other
communication can be sent by giving written notice designating a change of address to
the other party.
VI. Term
This agreement shall be for the term beginning July 1, 2006, and ending June 30, 2007.
VII. Prior Agreements
All prior contracts regarding this subject matter between Department and Agency are
hereby terminated effective June 30 prior to the term beginning date of this contract.
VIII. Amendment
No amendment or variation of the terms of this contract shall be valid unless made in
writing and signed by the parties hereto.
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IX. Termination
Agency may terminate this contract without cause in writing at any time. Department
may terminate this contract without cause upon a sixty (60) days written notice served
upon the Agency.
X. Special Provisions
A. Agency hereby certifies that the obligations created by this contract do not violate
the provisions of Sections 1090 to 1096 of the Government Code.
B. This contract shall have no force or effect until signed by the Department,
Agency, and approved by the Department of General Services Legal Department, if
required.
C. Agency shall continue with the responsibilities of this contract during any dispute.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year
first above written.
CALIFORNIA DEPARTMENT OF BOATING
AND WATERWAYS
By:
Director
California Department of Boating and
Waterways
Date:
"Department"
COUNTY OF
By:
Date:
"Agency"
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